This is an extract of our Registration document, which we sell as part of our Land Law Notes collection written by the top tier of Oxford students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Land Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
REGISTRATION/UNREGISTERED LAND Legal v Equitable Rights
? Is proprietary right legal or equitable: (i) Is it capable of existing as legal or equitable?
? S1 LPA 1925 -rights which may be legal i. Estates - fee simple (freehold) & leasehold ii. Interests - easements, mortgages, rights of entry contained in legal lease &rentcharge (ii) Did it come into existence as legal or equitable right?
i. Legal -falls within s1 LPA 1925 +created by deed + registered in acc. w/LRA 2002
? if not registered = equitable (s7 & 27(1) LRA 2002) ii. Equitable - a proprietary right could be equitable for one of 3 reasons: i. not included in s1 (e.g. proprietary estoppel, restrictive covenant etc) ii. included in s1 but no deed used iii. included in s1 & deed used but no registration
= +created in writingORsatisfies conditions for prop. estoppel/implied trusts (CT/RT) Effect of Legal & Equitable Rights (i) Unregistered land
? Legal right -binding on all disponees
? Equitable right a) Pre-1925 - binding on disponees, except BF purchaser for value of legal estate w/out notice b) Post 1925 - binding on disponees but there may be a defence (ii) Registered land
? Registered legal/equitable right in rem or overriding interest - binding on all disponees
? Once electronic conveyancing system is complete, may make distinction redundant Unregistered Land Framework
? A transfers unregistered land to C = B's pre-existing legal property right will always bind C& his pre-existing equitable right will bind C, unless C has a defence: (i) Scenario 1: B's equitable right is a registrable land charge and either a) B hasn't registered it (Midland Bank v Green - applies even against P w/actual notice, as long as s4 LCA 1972 is satisfied)); or b) B has registered it against incorrect name & C has requested a search against correct one (ii) Scenario 2: B's equitable interests is one of the following: a) Beneficial interest under trust b) Proprietary estoppel c) Equitable easement/restrictive covenant created pre Jan 1926 -falls outside LCA 1972 (iii)
.... in which case it's governed by doctrine of notice?C has a defence to B's interest if he'sa BF purchaser of legal estate w/out notice (defence not resurrected on subsequent sale to P w/notice)
? BF Purchaser requirements: (i) bona fide - acted in good faith in the purchase (ii) purchaser of value -acquired the estate by act of parties rather than by operation of law (e.g. no adverse possession or gift) (iii) of a Legal Estate - leasehold/freehold (iv) w/out notice: a. actual - matters of which C was aware (hearing rumours not sufficient - but will be for constructive notice)
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